City of West Palm Beach v. Knuutila, No. 78

CourtCourt of Appeal of Florida (US)
Writing for the CourtWALDEN; SMITH, C. J., and ANDREWS
Citation183 So.2d 881
PartiesCITY OF WEST PALM BEACH, a municipal corporation, Frank Lawler, City Manager, and Irma Grider, City Tax Collector, Appellants, v. George T. KNUUTILA, Appellee.
Docket NumberNo. 78
Decision Date14 March 1966

Page 881

183 So.2d 881
CITY OF WEST PALM BEACH, a municipal corporation, Frank Lawler, City Manager, and Irma Grider, City Tax Collector, Appellants,
v.
George T. KNUUTILA, Appellee.
No. 78.
District Court of Appeal of Florida, Fourth District.
March 14, 1966.

John H. Evans, City Atty., and Frederick E. Hollingsworth, West Palm Beach, for appellants.

Daniel H. Jones and Paschal C. Reese, of Gibson, Gibson & Reese, West Palm Beach, for appellee.

Page 882

WALDEN, Judge.

This appeal receives disposition as a matter of procedural law so we recite only those facts necessary for the decision.

Being refused the renewal of a certain license by the City of West Palm Beach, appellee petitioned and obtained the issuance of an alternative writ of mandamus, directing the City to either renew the license or show cause at a time certain why it refused to do so. Thereupon, the City filed a motion to quash the alternative writ of mandamus whereby the legal sufficiency of the writ was challenged. At the appointed time the court heard counsel, entered a peremptory writ of mandamus, and contemporaneously denied the City's motion to quash.

Omitting merely formal parts and the command, the altenative writ of mandamus contained this recital:

'WHEREAS it is alleged in the verified petition of GEORGE KNUUTILA, the petitioner herein, that the withholding of a renewal of his Beverage License under Section 4-10 of the Code of Ordinances of West Palm Beach is an unreasonable restraint on his property rights and that he is entitled to the issuance of said license forthwith, he having paid to the Tax Collector of the County of Palm Beach, Florida, the cost of said license, and that there is not a plain, speedy and adequate remedy in the ordinary course of law * * *.'

The trial court by its denial of the City's motion to quash found that this statement constituted a legal cause of action entitling petitioner-appellee to the relief sought. We believe this to be error and reverse.

Mandamus procedure was considered in the case of City of Bradenton v. State ex rel. Perry, 1935, 118 Fla. 838, 160 So. 506, 100 A.L.R. 400, with the Court saying:

'The petition or information in mandamus is, in law, a mere memorandum in the nature of an affidavit supplying the materials for the recitals of fact in the alternative writ, the function of the petition being to make known to the court the ground of complaint and the facts alleged in support of the relief sought. The petition is...

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3 practice notes
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...recognized when the allegations in the complaint and alternative writ present only questions of law. City of West Palm Beach v. Knuutila, 183 So.2d 881 (Fla. 4th DCA 1966). It is true that in the present case the obligation to pay at least part of the judgment no longer can be honestly deba......
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...becomes in all respects the complaint and subject to the same rules of pleading as are any other complaints. West Palm Beach v. Knuutila, 183 So.2d 881 (Fla. 4th DCA1966); Fla.R.Civ.Pro. 1.630(e). It is then up to the respondent to admit or deny the factual allegations upon which relief is ......
  • City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Nos. 68--330
    • United States
    • Court of Appeal of Florida (US)
    • December 3, 1968
    ...terms of the writ, were ordered to respond thereto. We consider this meets the test of City of West Palm Beach v. Knuutila, Fla.App.1966, 183 So.2d 881. 2 '* * * or any other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular comm......
3 cases
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...recognized when the allegations in the complaint and alternative writ present only questions of law. City of West Palm Beach v. Knuutila, 183 So.2d 881 (Fla. 4th DCA 1966). It is true that in the present case the obligation to pay at least part of the judgment no longer can be honestly deba......
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...becomes in all respects the complaint and subject to the same rules of pleading as are any other complaints. West Palm Beach v. Knuutila, 183 So.2d 881 (Fla. 4th DCA1966); Fla.R.Civ.Pro. 1.630(e). It is then up to the respondent to admit or deny the factual allegations upon which relief is ......
  • City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Nos. 68--330
    • United States
    • Court of Appeal of Florida (US)
    • December 3, 1968
    ...terms of the writ, were ordered to respond thereto. We consider this meets the test of City of West Palm Beach v. Knuutila, Fla.App.1966, 183 So.2d 881. 2 '* * * or any other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular comm......

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